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2 unusual facts about duty of care in English law


Duty of care in English law

the House of Lords recognised that such a duty may be owed, where a relationship of reliance exists between two parties.

In rejecting the previous evolution of duty of care, a categorical approach where a claim would have to fit under previous situations a duty had been found, the House of Lords unanimously found a duty to exist.


Causation in English law

For these purposes, liability in negligence is established when there is a breach of the duty of care owed by the defendant to the claimant that causes loss and damage, and it is reasonable that the defendant should compensate the claimant for that loss and damage.


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